Terms and Conditions
Terms & Conditions
- Definitions & Interpretation
a) Absolute D Light (ADL) means IDI Consulting Pty Ltd, trading as Absolute D Light (ACN 605368812; ABN 89654309649).
b) “Seller” means Absolute D Light.
c) “Products” means the items to be supplied by the Company to the Buyer.
d) “Buyer” means the person or entity purchasing the products.
e) “Quotation” means the quotation sent from Absolute D Light to the Buyer in respect to the supply of the products, attached to these Terms and Conditions.
f) “Order” means any purchase order, change order, subcontract, contract or other document received by the Seller from the Buyer evidencing the Buyer’s instruction to the Seller to supply the Products.
These terms and conditions apply to all sales of products by Absolute D Light.
All requests for variation to Absolute D Light’s standard terms and conditions must be requested in writing by the buyer prior to payment and require and written confirmation by Absolute D Light. Confirmation of changes to the standard terms and conditions are subject to approval by Absolute D Light, and shall be at Absolute D Light’s sole discretion. Any variation to the terms and conditions shall not apply unless agreed in writing by Absolute D Light (ADL) and the same has been forwarded to the Buyer.
- Quotation and Orders
Quotations provided by Absolute D Light to the Buyer are and an invitation to treat and does not form a contractual offer, nor an obligation to sell. The offer commences when the Buyer has provided written agreement to the quotation, and confirms the order with Absolute D Light.
All quotations are valid for fourteen (14) days after the date of issue. The Seller may withdraw from the quotation at any time, prior to written agreement.
Orders are not binding until accepted in writing by Absolute D Light. Absolute D Light reserves the right to accept, or reject, any order. Once order is accepted, cancellation of the order will not be accepted unless agreed and accepted by Absolute D Light in writing. With all parties acting reasonably, but at the sole discretion of Absolute D Light, cancellation of orders, by the buyer, may forfeit the Deposit payment(s) by the Buyer. Absolute D Light reserves the right to further claim all reasonable loss, costs, damages, charges and expenses.
Once order is accepted, the Buyer is to deposit a sum specified in the final confirmation order (hereinafter referred to as the Deposit) to Absolute D Light (ADL). Absolute D Light (ADL) shall not be obliged to fulfil orders where Absolute D Light (ADL) has not received the Deposit.
Delivery dates provided by Absolute D Light to the buyer are estimates only. Absolute D Light shall not be held responsible where delay in delivery, or the failure to supply, or the delay to supply, is caused by matters beyond the reasonable control of Absolute D Light.
- Price and Payment
Absolute D Light (ADL) reserves the right to change prices of the Products at any time without any notice prior to the acceptance of the offer from Buyer by Absolute D Light.
All prices are in Australian dollars and are inclusive of GST, unless otherwise stated.
Unless otherwise agreed in writing prior to the order, all goods and services will be supplied on Cash on Delivery (C.O.D.) basis.
Payments for products must be made by credit card, electronic funds transfers, or some other pre-arranged payment method.
Cheque orders must be made out to Absolute D Light and crossed. Payment by cheque must be cleared prior to releasing an order.
If the Buyer fails to make payment by due date, Absolute D Light will be entitled to cancel any unfulfilled order and suspend any further deliveries until all outstanding payments are paid.
Without prejudice to any other remedy, the Seller reserves the right to charge interest on any overdue invoices at an annual rate prescribed from time to time under section 2 of the Penalty Interest Rates Act 1983.
If legal action is taken to recover outstanding payments from the Buyer, Absolute D Light reserves the right to charge the Buyer all fees incurred in such proceedings.
Absolute D Light warrants that our products will be free from defects in materials and workmanship. We make no other warranty, express or implied, and any implied warranty of merchantability or fitness for a particular purpose which exceeds the foregoing warranty is hereby disclaimed.
In no event shall Absolute D Light, its subsidiaries or affiliates, or their respective partners, officers, directors, employees, shareholders, representatives or agents (collectively, “Absolute D Light Partners”) be liable for direct, special, incidental, consequential, punitive, or indirect damages (including but not limited to, loss of data, use or profits), however caused, whether for breach of contract, negligence, or otherwise, and whether or not Absolute D Light has been advised of the possibility of any such damages. You agree that Absolute D Light’s maximum liability arising from any product sold by Absolute D Light shall not exceed the price of such product.
All products save and except limited-life consumable component subject to normal wear and tear, sold by Absolute D Light come with a 5-year Return to Base (RTB) warranty unless otherwise stated. During the Warranty Period, Absolute D Light (ADL) will repair or replace (at the sole discretion of Absolute D Light) the product or any defective parts.
The warranty does not cover defects or damages caused by or attributable to: (a) improper storage, or faulty installation, or incorrect operation; misuse or abuse; accident or neglect, (b) alterations or modifications, (c) subjecting the product or accessories to improper or abnormal usage or conditions, or (d) other acts which are not the fault of Absolute D Light (ADL), including matters attributable to an Absolute D Light Partner.
The warranty period commence on the date of purchase of the product.
Defective product must be returned to Absolute D Light Pty Ltd and Buyer shall bear the cost of shipping via a courier service with tracking.
Under any circumstances, Absolute D Light Pty Ltd is not responsible for any cost incurred on the removal or reinstallation of any product nor for the expense accumulated thereof.
If repair or replacement is not commercially practicable or cannot be timely made, Absolute D Light may choose to refund to you the purchase price paid for the affected product. Repair or replacement under the terms of this Warranty does not give right to any extension or a new beginning of the period of warranty.
This Warranty is only valid for the original purchaser and will automatically terminate prior to expiration if this product is sold or otherwise transferred to another party.
- Shipping and Delivery
Products will be dispatched once payments have cleared, or by prior arrangement. Orders will be delivered to the address specified by the Buyer by Australia Post or any courier services to be determined by Absolute D Light (ADL)
Absolute D Light (ADL) is not liable for any loss, damage or delay occasioned to the Buyer arising from late or non-delivery or late installation of the products.
Absolute D Light (ADL) reserves the right to charge the freight cost to the Buyer unless the transport is arrange and paid for by the Buyer.
- Change of Products
Absolute D Light may revise and discontinue products at any time without prior notice. Absolute D Light may substitute product that has equivalent or improved aesthetics, functionality and performance of the product ordered.
- Return and Refund
Products will not be accepted for return without prior written consent from Absolute D Light.
Absolute D Light does not offer refunds on product due to change of mind. We only offer refunds where a product fault is present.
A restocking fee equivalent to the deposit will apply for products return. All returned products must be in its original condition and include all the original packaging.
The Buyer will bear all freight/courier cost incurred in the return of product including warranty repair or replacement of faulty products without exception.
- Order Cancellation
No order which has been accepted by Absolute D Light may be cancelled or rescheduled by the Buyer except with the agreement in writing of Absolute D Light and on terms that the Buyer shall indemnify Absolute D Light in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by Absolute D Light as a result of cancellation or rescheduling. In the case of partial completion of an order Absolute D Light shall be entitled to a quantum merit in respect of Products delivered without prejudice to any claim or right Absolute D Light might otherwise make or exercise should non-completion be occasioned by the Buyer.
Any deposit paid by the Buyer shall be forfeited by Absolute D Light upon cancellation and Absolute D Light has the right to further claim all loss, costs, damages, charges and expenses as mentioned herein.
Special/ customise orders or customized orders shall not be cancelled.
Notwithstanding anything to the contrary elsewhere herein, Absolute D Light shall not be liable for any incidental, special, remote or consequential damages (including but not limited to the loss of revenue or profits) arising from or caused, directly or indirectly by the use of the Products by the Buyer, or by the performance or failure of Absolute D Light to perform under this Contract or by any other act or omission of Absolute D Light, or by any other cause. In no event will Absolute D Light’s total liability to Buyer for any cause exceed the sum paid to Absolute D Light by Buyer for the Products sold hereunder. Absolute D Light will not be liable to the Buyer or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
Absolute D Light will not accept any claims for costs, charges or expenses incurred by the Buyer in relation to replacement or repair of the products.
- Title and Risk
In the event that any action is brought by Absolute D Light to enforce any provision of the contract, Absolute D Light shall be entitled to recover from the Buyer, in addition to the amount of any judgement, its legal fees and other related expenses.
It is to be noted that all Products belongs to Absolute D Light until full payment has been received by Absolute D Light with valid receipt issued by the authorised person failing which the all Products purchased ownership remains with Absolute D Light. In such instance the Buyer has provide authorisation to Absolute D Light to enter the Buyer’s premises to recover the Products from the Buyer.
Once the Product is delivered to the Buyer the risk shall pass on to the Buyer.
Absolute D Light shall not under any circumstances whatsoever be liable for any loss, injury, damage or delay arising out of any cause whatsoever beyond Absolute D Light’s reasonable control or any malfunctioning of or defect in or failure of any of the Products or any loss of the use of any item of the Products. Absolute D Light shall not be liable for and the Buyer shall indemnify and hold Absolute D Light harmless against any claim by or loss or damage to any person or property directly or indirectly caused by the Buyer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products may differ slightly.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
- Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia and shall be subject to non-exclusive jurisdiction of the courts of New South Wales, Australia.